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P. N. BHAGWATI, RANGANATH MISRA
State Of U. P. – Appellant
Versus
Mahant Singh – Respondent
JUDGMENT
RANGANATH MISRA, J.:— This appeal is by special leave. The State of Uttar Pradesh has challenged the judgment of the Allahabad High Court quashing the order of detention made by the District Magistrate of Gorakhpur on August 7, 1981, in exercise of powers under S. 3(2) of the National Security Act, 1980 (Act for short).
2. The respondent moved an application under Art. 226 of the Constitution for a writ of habeas corpus and challenged his continued detention on the ground that the provisions of S. 10 of the Act had not been complied with and his representation had not been placed before the Advisory Board within three weeks from the date of detention. The High Court found that the petitioner had made a representation on August 16, 1981, which the authorities of the Jail had forwarded to the District Magistrate and he in his turn sent the same to the State Government on August 24, 1981. The State Government received the representation on August 25, 1981, and caused it to be placed before the Advisory Board on August 29,1981. According to the High Court, "the representation of the petitioner was placed before the Advisory Board twenty two days after the date of detention of t
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